DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2 | 4-9 are rejected under 35 U.S.C. 103 as being unpatentable over Morita US 4455719 A [Morita] in view of de la Rosa US 11587706 B2 [de la Rosa].
Regarding claims 1 | 4-7 | 9, Morita teaches A magnetic device for hanging objects from a metal surface [FIGS. 3-4], comprising a disc magnet [1] comprising a plurality of poles in a grid pattern [ABSTRACT teaches A magnetic fastener comprising a first fastening element, including a permanent magnet having oppositely facing pole faces of opposite polarity and at least one peripheral edge, the magnet having a hole extending between the first pole face and the second pole face] and a metal washer adhered to a surface of the disc magnet [A ferromagnetic rod 5 disposed upright on the surface of the plate 2 is connected to a mounting washer 6; ferromagnetic plate 7 magnetically adhered to the plate 3 on the magnetic pole surface in the magnet 1 and the mounting washer 6 having bent prongs or legs 6a, 6a].
Morita teaches The magnetic device of claim 1, but does not teach nine poles in a three-by-three grid pattern, wherein the center of each adjacent pole is separated by approximately 0.75", wherein the nine poles exert a north polarity and the area between the poles exerts a south polarity, wherein a combined depth of the disc magnet and metal washer is 3/8" and a diameter of the disc magnet is 2". The disc magnet is coated with layers of nickel, copper and epoxy.
de la Rosa teaches magnetic fastener is realized that utilizes a pair of multipole magnets rotatable relative to each other, allowing the holding force to be selected for ease of operation, namely closing and opening. Each multipole magnet includes a striped pattern of alternating polarity (north and south poles) [fig. 7 shows at least nine poles in a three-by-three grid pattern], with the striped patterns having the same pole spacing or pitch. When the stripes of alternating north and south poles are oriented lengthwise, the stripes of the south poles can judiciously align with the stripes of the north poles from the other magnet, creating a strong magnetic force between them to form a fastener. It may be preferable to use the stripes of alternating poles in a Halbach array to shield any external electronics. Also, legs 560 may be used to attach magnet 505 to material 520, or can be affixed thereto by glue, screw, or even Velcro®, among other means. Various shapes may be used, and magnets 505, 510 need not be circular. The magnetic pull force is related to the surface area as well as the thickness of the multipole magnets, and accordingly can be judiciously chosen for its intended purpose and application. The holding force that results from the interaction of the alternating poles is proportional to the total length of the stripes formed by the poles. Closely spaced poles typically have a greater holding force since there are more stripes per inch. In a design for a particular application, it should be understood that while the closer pole spacing produces a strong holding force, more widely spaced poles have a greater throw, and hence attract more strongly from a distance. That is, the magnetic field is stronger at larger distances, and is a design choice for the desired application. Flexible Neodymium magnet sheets are available in various thicknesses, up to about 3 mm, with pole spacing or pitch, λ, ranging from one to several millimeters apart, and sometimes referred to as poles per inch (PPI). Various shapes can be custom fabricated, including circular disks, or washers. See also figures 1-3.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use the magnet of de la Rosa, since such a modification would increase the performance of the magnet which means better overall device performance, also since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Further, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 2, Morita teaches The magnetic device of claim 1, wherein the disc magnet is program charged to create alternating charges [N to S poles are alternating charges].
Regarding claim 8, Morita teaches The magnetic device of claim 1, wherein a diameter of the metal washer is the same or larger than a diameter of the disc magnet [at least figures 2-4 show that washers 2, 3 and 7 diameters are the same as the disc magnet diameter].
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMAD A MUSLEH whose telephone number is ((571)272-9086. The examiner can normally be reached on Monday-Friday 10 am - 7 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shawki S. Ismail can be reached on 571 272 3985. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/Mohamad A Musleh/
Primary Examiner, Art Unit 2837